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In the Supreme Court of India Civil Apellate Jurisdiction Special Leave Petition No. ___Of 2020 [With Prayer for Interim

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In the Supreme Court of India Civil Apellate Jurisdiction Special Leave Petition No. ___Of 2020 [With Prayer for Interim IN THE SUPREME COURT OF INDIA CIVIL APELLATE JURISDICTION SPECIAL LEAVE PETITION NO. ______ OF 2020 [WITH PRAYER FOR INTERIM RELIEF] [Against the Impugned Interim Order dated 21.07.2020 passed by the Hon’ble High Court of Rajasthan at Jaipur in D. B. Civil Writ Petition No. 7451 / 2020] IN THE MATTER OF: The Hon’ble Speaker, Rajasthan Legislative Assembly …Petitioner VERSUS Prithviraj Meena & Ors. …Respondents WITH IA No. ______ of 2020: Application for exemption from filing certified copy of the Impugned Order. IA No. ______ of 2020: Application for Seeking Exemption from filing the official translation of Annexure – P32. IA No. ______ of 2020: Application seeking listing due to extreme urgency and exemption from filing duly affirmed affidavit. PAPER-BOOK [For Index, please see inside] ADVOCATE FOR THE PETITIONER: SUNIL FERNANDES RECORD OF PROCEEDINGS S.NO DATE OF RECORD OF PROCEEDING PAGES I N D E X Sl. PARTICULARS Page Nos. of part to Remarks No. which it belongs Part 1 Part 2 (Contents (Contents of Paper of file Book) alone) Court Fees Rs. Rs. 1. O/R on Limitation A A 2. Listing Proforma A1 – A2 A1 – A2 3. Cover Page of Paper Book A3 4. Index of Record of Proceedings A4 5. Limitation Report prepared by A5 the Registry 6. Defect List A6 7. Note Sheet NS1 - 8. Synopsis and List of Dates B - Q 9. Impugned Interim Order dated 1- 4 21.07.2020 passed by the Hon’ble High Court of Rajasthan at Jaipur in D. B. Civil Writ Petition No. 7451 / 2020. 10. Special leave Petition with 5-23 supporting affidavit 11. APPENDIX 24-27 - Article 102 of the Constitution of India. - Article 191 of the Constitution of India - Para 2 of the Tenth Schedule to the Constitution of India. 12. ANNEXURE P – 1 28-34 A True copy of the Disqualification Petition dated14.07.2020 filed by the Chief Whip, Dr. Mahesh Joshi against Shri Hemaram Choudhary MLA, before the Hon’ble Speaker, Rajasthan legislative Assembly 13. ANNEXURE P – 2 35-36 A true translated copy of the Speaker’s Notice dated 14.07.2020. 14. ANNEXURE P – 3 37-56 A true copy of the original Writ Petition dated 16.07.2020 titled Prithvi Raj Meena & Ors. V. Hon’ble Speaker, Rajasthan Legislative Assembly & Ors., S.B. Civil Writ Petition No. 7451/2020 before the Hon’ble High Court of Rajasthan at Jaipur. 15. ANNEXURE P – 4 57-58 A true copy of the 1st order dated 16.07.2020 passed by the Ld. Single Judge in Prithvi Raj Meena & Ors. V. Hon’ble Speaker, Rajasthan Legislative Assembly & Ors., S.B. Civil Writ Petition No. 7451/2020. 16. ANNEXURE P – 5 59 A true copy of the 2nd order dated 16.07.2020 passed by the Ld. Single Judge in Prithviraj Meena & Ors. V. Hon’ble Speaker, Rajasthan Legislative Assembly & Ors., S.B. Civil Writ Petition No. 7451/2020. 17. ANNEXURE P – 6 60-81 A true copy of the amended writ petition vide No. D.B. Civil Writ Petition No. 7451/2020 filed by the Respondents before the Hon’ble High Court. 18. ANNEXURE P – 7 82-84 A true copy of the order dated 17.07.2020 passed by the Hon’ble Division Bench of the Rajasthan High Court in Prithviraj Meena & Ors v. Hon’ble Speaker, Rajasthan Legislative Assembly & Ors. vide D.B. Civil Writ Petition No. 7451/2020. 19. ANNEXURE P – 8 85-99 A true copy of the written submission dated nil filed on behalf of the Chief Whip. 20. ANNEXURE P – 9 100-104 True Copy of the Written Submission filed on behalf of the Hon’ble Speaker. 21. IA No. ______ OF 2020: 105-107 Application for exemption from filing certified copy of the Impugned Order. 22. IA No. ______ OF 2020: 108-110 Application for seeking Exemption from filing the official translation of Annexure – P2. 23. IA No. ______ OF 2020: 111-114 Application seeking listing due to extreme urgency and exemption from filing duly affirmed affidavit. 24. Filing Memo 115 25. Vakalatnama 116 26. Memo of Parties 117-120 A IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURIDICTION SPECIAL LEAVE PETITION (C) NO. OF 2020 IN THE MATTER OF: - The Hon’ble Speaker, Rajasthan Legislative Assembly …Petitioner VERSUS Prithviraj Meena & Ors. …Respondents OFFICE REPORT ON LIMITATION 1. The Petition is within time. 2. The Petition is barred by time and there is delay of _____ days in filing the same against final order dated 21.07.2020 and petition for condonation of ____ days delay has been filed. 3. There is delay of _______ day in re-filing the petition and petition for condonation of _______ days delay in re-filing has been filed. FILED ON: 22.07.2020 (BRANCH OFFICER) A-1 PROFORMA FOR FIRST LISTING SECTION: XV This case pertains to (Please tick/ check the correct box): Central Act: (Title) Constitution of India Section/ Article: Art. 102, 191, Para 2 of Schedule X Central Rule : (Title) ………….. N.A. Rule No(s) ………….. N.A. State Act: (Title) N.A Section : N.A. State Rule : (Title) ………….. N.A. Rule No(s): ………….. N.A. Impugned Interim Order : 21.07.2020 Impugned Final Order /Decree: ………….. N.A. High Court : (Name) HIGH COURT OF RAJASTHAN AT JAIPUR Names of Judges: Hon’ble the Chief Justice Indrajit Mahanty Hon’ble Mr. Justice Prakash Gupta Tribunal /Authority : ……………………..N.A. (Name) 1. Nature of the matter CIVIL CRIMINAL 2. a) Petitioner: The Hon’ble Speaker, Rajasthan Legislative Assembly. b) Email I.D. …………..N.A. c) Mobile phone number: …………..N.A. 3. a) Respondent No.1 Prithviraj Meena & Ors. b) Email I.D. N/A c) Mobile phone number: N/A 4. a) Main category 09 classification b) Sub-classification: 0912 5. Not to be listed before: N/A 6. a) Similar disposed of matter No similar matter disposed of with citation, if any & case details: A-2 b) Similar pending matter No similar pending matter with case details: 7. Criminal Matters: a) Whether accused /convict has Yes No surrendered: b) FIR No……….... Date: ……………………………… N/A c) Police Station: ……………………………… N/A d) Sentenced awarded ……………………………… N/A e) Sentence Undergone: ……………………………… N/A 8. Land Acquisition Matters: …...…………………....N/A a) Date of Section 4 notification : …...…………………… N.A b) Date of Section 6 notification : …...……………………N.A c) Date of Section 17 notification …...…………………….N.A 9. Tax Matters : State the Tax …...……………………N.A effect: 10. Special Category: (first petitioner/ appellant only): N.A Senior citizen > 65 years SC/ ST Woman /child Disabled Legal Aid case in custody 11. Vehicle Number (in case of Motor Accident Claim ………… matters) : Date: 22.07.2020 [SUNIL FERNANDES] Advocate for the Petitioners AOR Code: 1721 A-178, Lower Ground Floor Defence Colony, New Delhi-110024 Mobile: +91 9891639491 Landline/Fax: 011-41084945, 41043573/46702466 Email: [email protected] B SYNOPSIS 1. The Petitioner, Speaker of Rajasthan Legislative Assembly, is constrained to move this instant Special Leave Petition, urgently against the quia timet order dated 21.07.2020, in D.B. Civil Writ Petition No.7451/2020 (“Impugned interim Order”) by which the Hon’ble High Court of Rajasthan, has intervened in pending Tenth Schedule proceedings at the initial notice stage itself and restrained the Speaker – Petitioner herein from even calling of replies and conducting the disqualification proceedings pending against the Respondents till 24.07.2020. The relevant portion of the direction in the impugned order in this regard reads as follows: “In view of above directions, we therefore, further request the Hon’ble Speaker, who has been pleased to extend the period for filing reply by the writ petitioners till 5.30 p.m. as of today i.e. 21.07.2020, to extend the said period till the delivery of orders by this Court on 24/07/2020 and we direct accordingly The matter shall be listed on 24.07.2020. The parties are directed to act accordingly” 2. The aforesaid impugned order is in the teeth of the dictum of the Constitution bench of this Hon’ble Court in Kihoto Hollohan v. Zachillhu, [(1992) Supp (2) SCC 651] and the mandate of the mandate of Para 6(2) of the Tenth Schedule read with Article 212 of the Constitution . C 3. In Kihoto, a Constitution bench of this Hon’ble Court expressly held that Courts cannot interdict the speaker from proceeding ahead at the quia timet stage. In this regard, conclusion of the Hon’ble in para 110 of the judgment reads as under: “110. … judicial review cannot be available at a stage prior to the making of a decision by the Speaker/Chairman and a quia timet action would not be permissible. Nor would interference be permissible at an interlocutory stage of the proceedings.” 4. The proceedings under the Tenth Schedule before the Speaker are proceedings of the Legislature and as such cannot interfered with as repeatedly held by this Hon’ble Court as envisaged under Article 212 read with para 6(2) of the Tenth Schedule. 5. In view of the aforesaid the impugned order is ex-facie is illegal, perverse, and in derogation of the powers of the Speaker under the Constitution and hence deserve to be set aside. FACTS IN BRIEF 6. Before adverting to the legal submission in this regard, the following brief facts may be noted: 6.1. Nineteen (19) disqualification petitions were moved by the Indian National Congress [INC] on 14.07.2020 against the Respondents interalia alleging that the Respondents by their actions had given up the membership of INC and seeking determination thereof. Notices were issued on 14.07.2020 as per the Rajasthan Legislative Assembly (Disqualification) Rules, 1989 which were made returnable on 17.07.2020.
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